S. No. 186 Suppl list HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C)/709/2025 SHAFAT AHMAD KHAN …Petitioner(s) Through: Mr. Javid Samad, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS. (REVENUE) ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI JUDGE ORDER 15.04.2025 1. The petitioner’s wife-Sabeena joined by their two minor children namely Aayat (son) and Azan (daughter) approached the court of City Judge (JMIC) Srinagar with a petition under section 12 of the Protection of Women from Domestic Violence Act, 2005 on file No. 142/2023 instituted on 12.07.2023. 2. While disposing of an application for grant of interim maintenance, the court of City Judge Srinagar by virtue of an order dated 10.02.2024 held said three persons entitled for a monthly maintenance payable from the petitioner’s end @ Rs. 15,000/- to wife-Sabeena and Rs. 10,000/- each to two minor children thus totalling Rs. 35,000/- per month payable with effect from filing of the petition i.e., 12.07.2023. 3. The petitioner, being aggrieved of the said order, sought to challenge it in a time barred appeal before the court of 4th Additional Sessions Judge, Srinagar which resulted in dismissal of application for condonation of delay in terms of an order dated 18.11.2024 thereby bringing the petitioner under the effect of liabilities so fastened upon him. 4. It is by reference to the recovery of the liability in terms of the payment of accrued maintenance arrears that the court of City Judge Srinagar came to issue a levy warrant addressed to the Collector concerned (Deputy Commissioner Srinagar) directing the attachment of unmentioned movable/immovable property of the petitioner equivalent to amount of Rs. 4,75,000/- by virtue of levy warrant No. 521/CTJ dated 17.02.2025. 5. Pursuant to this levy warrant, the Collector concerned is said to have attached the residential house along with the land measuring 14 marlas 129 sq.ft. falling under khasra No. 248 situated at Nursing Garh, Srinagar City, which has left the petitioner aggrieved. 6. The title with respect to the immovable property which came to be attached is jointly vested in the petitioner as well as his mother Mst. Dilshada by virtue of a sale deed dated 19.12.2002. 7. Given the fact that the concern of the City Judge Srinagar in issuing the levy warrant is to secure the payment and deposit of the arrears of maintenance in favour of the wife and two minor children of the petitioner, as such, the learned City Judge Srinagar cannot be faulted for resorting to the coercive mode of recovery but given the fact that the petitioner is also intending to act with all bona fide in the matter of clearing the arrears of liability as such this court disposes of this matter with a direction to the learned City Judge, Srinagar to frame a time schedule to be mandated upon the petitioner within which the petitioner intends to come forward with the liquidation of the arrears besides carrying on with the recurring payments of maintenance in favour of wife and his two minor children without any default lasting till final adjudication of the matter. 8. In the event, the learned City Judge, Srinagar framing a schedule for the clearance of the arrear liability, the petitioner shall be bound to adhere to that without any fail. 9. The levy warrant thus so issued by the learned City Judge, Srinagar is set aside subject to the petitioner acting in compliance with the schedule as may come to be fixed by the learned City Judge, Srinagar for the clearance of arrears failing which the recovery be resorted to again by ordering the attachment of identified movable/immovable property relatable to the petitioner be it exclusively or jointly. 10. Copy of this order be sent to the learned City Judge Srinagar for notice and compliance. (RAHUL BHARTI) JUDGE SRINAGAR 15.04.2025. Hilal Ahmad